403.722 Permits; hazardous waste disposal,
storage, and treatment facilities. ---
(1) Each person who intends to construct, modify, operate, or
close a hazardous waste disposal, storage, or treatment facility shall obtain
a construction, operation, or closure permit from the department prior to
constructing, modifying, operating, or closing the facility. By rule, the
department may provide for the issuance of a single permit instead of any two
or more hazardous waste facility permits.
(2) Any owner or operator of a hazardous waste facility in
operation on the effective date of the department rule listing and identifying
hazardous wastes shall file an application for a temporary operation permit
within 6 months after the effective date of such rule. The department, upon
receipt of a properly completed application, shall identify any department
rules which are being violated by the facility and shall establish a
compliance schedule. However, if the department determines that an imminent
hazard exists, the department may take any necessary action pursuant to s.
403.726 to abate the hazard. The department shall issue a temporary operation
permit to such facility within the time constraints of s. 120.60(2) upon
submission of a properly completed application which is in conformance with
this subsection. Temporary operation permits for such facilities shall be
issued for up to 3 years only. Upon termination of the temporary operation
permit and upon proper application by the facility owner or operator, the
department shall issue an operation permit for such existing facilities if the
applicant has corrected all of the deficiencies identified in the temporary
operation permit and is in compliance with all other rules adopted pursuant to
this act.
(3) Permit applicants shall provide any information which will
enable the department to determine that the proposed construction,
modification, operation, or closure will comply with this act and any
applicable rules. In no instance shall any person construct, modify, operate,
or close a facility in contravention of the standards, requirements, or
criteria for a hazardous waste facility. Permits issued under this section
may include any permit conditions necessary to achieve compliance with
applicable hazardous waste rules and necessary to protect human health and the
environment.
(4) The department may require, in a permit application,
submission of information concerning matters specified in s. 403.721(6) as
well as information respecting:
(a) Estimates of the composition, quantity, and concentration of any
hazardous waste identified or listed under this act or combinations of any
such waste and any other solid waste, proposed to be disposed of, treated,
transported, or stored and the time, frequency, or rate at which such waste is
proposed to be disposed of, treated, transported, or stored; and
(b) The site to which such hazardous waste or the products of
treatment of such hazardous waste will be transported and at which it will be
disposed of, treated, or stored.
(5) A permit issued pursuant to this section is not a vested
right. The department may revoke or modify any such permit.
(a) Permits may be revoked for failure of the holder to comply with
the provisions of this act, the terms of the permit, the standards,
requirements, or criteria adopted pursuant to this act, or an order of the
department; for refusal by the holder to allow lawful inspection; for
submission by the holder of false or inaccurate information in the permit
application; or if necessary to protect the public health or the
environment.
(b) Permits may be modified, upon request of the permittee, if such
modification is not in violation of this act or department rules or if the
department finds the modification necessary to enable the facility to remain
in compliance with this act and department rules.
(c) A land disposal facility operating with a temporary operation
permit on October 1, 1986, must certify compliance with groundwater monitoring
and financial responsibility requirements and must submit an application for
an operation permit by November 8, 1986, or the temporary operation permit
will be terminated.
(d) A temporary operation permit for a hazardous waste facility in
existence on the date the department began permitting facilities shall
automatically terminate on November 8, 1988.
(e) An owner or operator of a hazardous waste facility in existence
on the effective date of a department rule changing an exemption or listing
and identifying the hazardous wastes which require that facility to be
permitted who notifies the department pursuant to s. 403.72, and who has
applied for a permit, may continue to be issued a temporary operation
permit.
(6) A hazardous waste facility permit issued pursuant to this
section shall satisfy the permit requirements of s. 403.707(1). The permit
exemptions provided in s. 403.707(2) shall not apply to hazardous
waste.
(7) The department may establish permit application procedures
for hazardous waste facilities, which procedures may vary based on differences
in amounts, types, and concentrations of hazardous waste and on differences in
the size and location of facilities and which procedures may take into account
permitting procedures of other laws not in conflict with this act.
(8) For permits required by this section, the department may
require that a fee be paid and may establish, by rule, a fee schedule based on
the degree of hazard and the amount and type of hazardous waste disposed of,
stored, or treated at the facility.
(9) It shall not be a requirement for the issuance of such a
permit that the facility complies with an adopted local government
comprehensive plan, local land use ordinances, zoning ordinances or
regulations, or other local ordinances. However, such a permit issued by the
department shall not override adopted local government comprehensive plans,
local land use ordinances, zoning ordinances or regulations, or other local
ordinances.
(10) Notwithstanding ss. 120.60(2) and 403.815:
(a) The time specified by law for permit review shall be tolled by
the request of the department for publication of notice of proposed agency
action to issue a permit for a hazardous waste treatment, storage, or disposal
facility and shall resume 45 days after receipt by the department of proof of
publication. If, within 45 days after publication of the notice of the
proposed agency action, the department receives written notice of opposition
to the intention of the agency to issue such permit and receives a request for
a hearing, the department shall provide for a hearing pursuant to s. 120.57,
if requested by a substantially affected party, or an informal public meeting,
if requested by any other person. The failure to request a hearing within 45
days after publication of the notice of the proposed agency action constitutes
a waiver of the right to a hearing under s. 120.57. The permit review time
period shall continue to be tolled until the completion of such hearing or
meeting and shall resume within 15 days after conclusion of a public hearing
held on the application or within 45 days after the recommended order is
submitted to the agency and the parties, whichever is later.
(b) Within 60 days after receipt of an application for a hazardous
waste facility permit, the department shall examine the application, notify
the applicant of any apparent errors or omissions, and request any additional
information the department is permitted by law to require. The failure to
correct an error or omission or to supply additional information shall not be
grounds for denial of the permit unless the department timely notified the
applicant within the 60-day period, except that this paragraph does not
prevent the department from denying an application if the department does not
possess sufficient information to ensure that the facility is in compliance
with applicable statutes and rules.
(c) The department shall approve or deny each hazardous waste
facility permit within 135 days after receipt of the original application or
after receipt of the requested additional information or correction of errors
or omissions. However, the failure of the department to approve or deny
within the 135-day time period does not result in the automatic approval or
denial of the permit and does not prevent the inclusion of specific permit
conditions which are necessary to ensure compliance with applicable statutes
and rules. If the department fails to approve or deny the permit within the
135-day period, the applicant may petition for a writ of mandamus to compel
the department to act consistently with applicable regulatory
requirements.
(11) Hazardous waste facility operation permits shall be issued
for no more than 5 years.
(12) On the same day of filing with the department of an
application for a permit for the construction modification, or operation of a
hazardous waste facility, the applicant shall notify each city and county
within 1 mile of the facility of the filing of the application and shall
publish notice of the filing of the application. The applicant shall publish a
second notice of the filing within 14 days after the date of filing. Each
notice shall be published in a newspaper of general circulation in the county
in which the facility is located or is proposed to be located. Notwithstanding
the provisions of chapter 50, for purposes of this section, a "newspaper
of general circulation" shall be the newspaper within the county in which the
installation or facility is proposed which has the largest daily circulation
in that county and has its principal office in that county. If the newspaper
with the largest daily circulation has its principal office outside the
county, the notice shall appear in both the newspaper with the largest daily
circulation in that county, and a newspaper authorized to publish legal
notices in that county. The notice shall contain:
(a) The name of the applicant and a brief description of the project
and its location.
(b) The location of the application file and when it is available for
public inspection.
The notice shall be prepared by the applicant and shall comply with the
following format:
Notice of Application
The Department of Environmental Protection announces receipt of an
application for a permit from (name of applicant) to (brief
description of project). This proposed project will be located at
(location) in (county) (city).
This application is being processed and is available for public
inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday
through Friday, except legal holidays, at (name and address of
office).
(13) A permit for the construction, modification, or operation of
a hazardous waste facility which initially was issued under authority of this
section, may not be transferred by the permittee to any other entity, except
in conformity with the requirements of this subsection.
(a) At least 30 days prior to the sale or legal transfer of a
permitted facility, the permittee shall file with the department an
application for transfer of the permits on such form as the department shall
establish by rule. The form must be completed with the notarized signatures
of both the transferring permittee and the proposed permittee.
(b) The department shall approve the transfer of a permit unless it
determines that the proposed permittee has not provided reasonable assurances
that the proposed permittee has the administrative, technical, and financial
capability to properly satisfy the requirements and conditions of the permit,
as determined by department rule. The determination shall be limited solely
to the ability of the proposed permittee to comply with the conditions of the
existing permit, and it shall not concern the adequacy of the permit
conditions. If the department proposes to deny the transfer, it shall provide
both the transferring permittee and the proposed permittee a written objection
to such transfer together with notice of a right to request a proceeding on
such determination under chapter 120.
(c) Within 90 days after receiving a properly completed application
for transfer of permit, the department shall issue a final determination. The
department may toll the time for making a determination on the transfer by
notifying both the transferring permittee and the proposed permittee that
additional information is required to adequately review the transfer request.
Such notification shall be served within 30 days after receipt of an
application for transfer of permit, completed pursuant to paragraph (a).
However, the failure of the department to approve or deny within the 90-day
time period does not result in the automatic approval or denial of the
transfer. If the department fails to approve or deny the transfer within the
90-day period, the applicant may petition for a writ of mandamus to compel the
department to act consistently with applicable regulatory requirements.
(d) The transferring permittee is encouraged to apply for a permit
transfer well in advance of the sale or legal transfer of a permitted
facility. However, the transfer or the permit shall not be effective prior to
the sale or legal transfer of the facility.
(e) Until the transfer of the permit is approved by the department,
the transferring permittee and any other person constructing, operating, or
maintaining the permitted facility shall be liable for compliance with the
terms of the permit. Nothing in this section shall relieve the transferring
permittee of liability for corrective actions that may be required as a result
of any violations occurring prior to the legal transfer of the
permit.
History: s. 8, ch. 80-302; s. 2, ch. 82-79; s. 4, ch. 82-122; s. 64, ch. 83-218;
s. 24, ch. 83-310; s. 34, ch. 86-186; s. 19, ch. 88-393; s. 2, ch. 91-284; s.
2, ch. 91-301; s. 408, ch. 94-356.
